General Assembly Raised Bill No. 5485
February Session, 2014 LCO No. 2077
*02077_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
General Assembly
Raised Bill No. 5485
February Session, 2014
LCO No. 2077
*02077_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING THE CONFIDENTIALITY OF IDENTIFYING INFORMATION PERTAINING TO VICTIMS OF VOYEURISM.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subdivision (3) of subsection (b) of section 1-210 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
(3) Records of law enforcement agencies not otherwise available to the public which records were compiled in connection with the detection or investigation of crime, if the disclosure of said records would not be in the public interest because it would result in the disclosure of (A) the identity of informants not otherwise known or the identity of witnesses not otherwise known whose safety would be endangered or who would be subject to threat or intimidation if their identity was made known, (B) the identity of minor witnesses, (C) signed statements of witnesses, (D) information to be used in a prospective law enforcement action if prejudicial to such action, (E) investigatory techniques not otherwise known to the general public, (F) arrest records of a juvenile, which shall also include any investigatory files, concerning the arrest of such juvenile, compiled for law enforcement purposes, (G) the name and address of the victim of a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, voyeurism under section 53a-189a, or injury or risk of injury, or impairing of morals under section 53-21, or of an attempt thereof, or (H) uncorroborated allegations subject to destruction pursuant to section 1-216;
Sec. 2. Section 54-86d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
Any person who has been the victim of a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, voyeurism under section 53a-189a, or injury or risk of injury, or impairing of morals under section 53-21, or of an attempt thereof, shall not be required to divulge his or her address or telephone number during any trial or pretrial evidentiary hearing arising from the sexual assault, voyeurism or injury or risk of injury to, or impairing of morals of, [children;] a child, provided the judge presiding over such legal proceeding [shall find] finds: (1) Such information is not material to the proceeding, (2) the identity of the victim has been satisfactorily established, and (3) the current address of the victim will be made available to the defense in the same manner and time as such information is made available to the defense for other criminal offenses.
Sec. 3. Section 54-86e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
The name and address of the victim of a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, voyeurism under section 53a-189a, or injury or risk of injury, or impairing of morals under section 53-21, or of an attempt thereof, and such other identifying information pertaining to such victim as determined by the court, shall be confidential and shall be disclosed only upon order of the Superior Court, except that (1) such information shall be available to the accused in the same manner and time as such information is available to persons accused of other criminal offenses, and (2) if a protective order is issued in a prosecution under any of said sections, the name and address of the victim, in addition to the information contained in and concerning the issuance of such order, shall be entered in the registry of protective orders pursuant to section 51-5c.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2014 1-210(b)(3)
Sec. 2 October 1, 2014 54-86d
Sec. 3 October 1, 2014 54-86e
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2014
1-210(b)(3)
Sec. 2
October 1, 2014
54-86d
Sec. 3
October 1, 2014
54-86e
Statement of Purpose:
To provide that the names, addresses and other identifying information pertaining to victims of voyeurism be confidential in the same manner as currently provided for victims of sexual assault and risk of injury or impairing the morals of a child.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]